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MI SB0289
Bill
AI Summary
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Prohibits bad-faith assertions of patent infringement through written communications that falsely claim infringement, lack reasonable factual or legal basis, or omit required identifying information about the patent and infringer.
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Allows targets of bad-faith patent infringement claims to sue in circuit court for injunctions, actual damages, attorney fees, and treble damages (3 times actual damages).
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Authorizes the attorney general to investigate alleged violations, seek civil fines up to $50,000, obtain injunctions, and accept settlements called assurances of discontinuance.
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Permits courts to require defendants to post bonds up to $250,000 upon finding reasonable likelihood of violation, conditioned on payment of damages owed.
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Exempts legitimate patent owners actively using inventions, universities, technology transfer organizations, and certain pharmaceutical-related claims from the law's restrictions.
Legislative Description
Civil procedure; other; claims of patent infringement made in bad faith; prohibit, and provide remedies for. Creates new act.
Civil procedure: other
Last Action
Assigned Pa 0550'16
12/30/2016